How to Transfer a Lease to Another Tenant in Illinois

If you're a renter in Illinois and need to move out before your lease ends, transferring your lease—sometimes called a "lease assignment"—can be a smart solution. This process lets another person take over your current lease, including its rights and responsibilities. Understanding the official steps, your landlord's legal obligations, and what forms are required will help you do it smoothly and protect yourself from future issues.

Understanding Lease Transfer in Illinois

In Illinois, a lease transfer happens when a tenant finds someone to take over their spot in the rental, agreeing to all the same terms and conditions. This is different from a sublease, where you remain responsible for the lease even if someone else is living there. With a transfer (assignment), the new tenant assumes full responsibility, and you are typically released unless stated otherwise in your agreement.

Illinois Tenancy Law and Lease Transfers

Lease transfers in Illinois are governed by the Illinois Residential Tenants' Right to Repair Act and, if within Chicago, the Chicago Residential Landlord and Tenant Ordinance (RLTO). There is no statewide law forcing landlords to permit lease transfers, but your lease agreement might allow it. If your lease is silent or unclear, your landlord’s permission is usually needed.

• Always check your original lease for sections labeled "Assignment" or "Lease Transfer."
• City-specific rules (like Chicago's RLTO) may provide more guidance for renters' rights.
• Landlords cannot charge unreasonable fees for reviewing a transfer request, but they can require reasonable screening of the new tenant.

How to Transfer Your Lease: Required Steps and Forms

Before moving ahead, it's essential to follow a clear process and use any necessary official forms to protect everyone involved.

Step 1: Review Your Lease Agreement

• Find any language about "lease assignment" or "transfer."
• Note whether you need landlord approval or if transfer is strictly prohibited.

Step 2: Get Landlord Permission in Writing

• Even if your lease allows transfers, it is best to notify your landlord and request approval in writing.
• Use a sample Letter Requesting Landlord’s Consent to Assign Lease (no official form number).
• Example: You need to leave suddenly for a new job and have a friend willing to take over. You send your landlord a letter with your friend's application and request written approval to transfer.

Step 3: Provide a New Tenant Application

• The landlord may require the new tenant to submit a rental application for screening.
• There are no state-mandated forms, but you may use a standard company or property management application.
• The new tenant should provide references, proof of income, and consent for background checks.

Step 4: Complete a Lease Assignment Agreement

• This legal agreement must be signed by you (assignor), the new tenant (assignee), and the landlord.
• There is no official state form, but you can reference a sample Lease Assignment Agreement on Illinois Legal Aid.
• Keep a signed copy for your records. If the lease says the original tenant remains liable, clarify responsibilities in writing.

Step 5: Notify Other Stakeholders and Update Records

• If your building has a property manager or homeowners association, let them know about the change.
• Make sure utility companies and other essential services are updated with the new tenant’s information.

Key Official Resources and Who to Contact

The Illinois Department of Human Rights handles housing discrimination complaints, while questions about lease enforcement and disputes are often managed locally or, in Chicago, by the Chicago Residential Landlord and Tenant Ordinance enforcement office.

• Illinois Department of Human Rights
• Illinois Housing Court Guide
• If in Cook County/Chicago: Cook County Residential Landlord and Tenant Court Section

In formal disputes about lease transfer, the official tribunal handling residential tenancy disputes in Illinois is your local Circuit Court’s Housing Division (e.g., Cook County's RLTC). Always use the official Illinois Compiled Statutes for Landlord-Tenant Law as your reference point.

Frequently Asked Questions

1. Can my landlord refuse to let me transfer my lease?
   If your lease prohibits assignments or requires permission, your landlord can refuse. If the lease allows it and the replacement tenant meets reasonable criteria, refusal may not be allowed.
2. Do I need to use a specific government form for lease transfers?
   There is no official Illinois state form, but it is best to document the agreement in writing using a sample Lease Assignment Agreement, signed by all parties.
3. Am I still responsible after the lease transfer?
   If your lease or the assignment agreement says you remain liable, then yes. If the landlord fully releases you, your responsibility ends. Clarify this in writing.
4. Are there fees for transferring a lease in Illinois?
   Landlords may charge reasonable administrative fees. Excessive or hidden fees may violate state or local laws.
5. What if my landlord refuses and I believe it is unfair?
   You can seek help from your local housing authority, legal aid, or file a claim in Housing Court if you believe your rights are violated.

Summary: Key Takeaways

• Check your lease—transfer rules are often set out contractually.
• Always get landlord permission in writing and use a Lease Assignment Agreement.
• Know your rights and use official resources for support if issues arise.

Taking these steps protects you legally and ensures a smooth transfer for both you and the incoming tenant.

Need Help? Resources for Renters

• Illinois Attorney General: Landlord/Tenant Resources
• Illinois Legal Aid: Ending a lease early or transferring a lease
• For Chicago tenants: City of Chicago Renter’s Rights
• Dispute resolution and small claims: Contact your local Circuit Court's Housing Division or Illinois Department of Human Rights

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1. Illinois Compiled Statutes, Landlord and Tenant Act
2. City of Chicago Residential Landlord and Tenant Ordinance
3. Illinois Attorney General: Landlord and Tenant Rights

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